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McLELLAN v. MISSISSIPPI POWER & LIGHT CO.

No. 73-3226.

526 F.2d 870 (1976)

James H. McLELLAN, Plaintiff-Appellant, v. MISSISSIPPI POWER & LIGHT COMPANY, International Brotherhood of Electrical Workers, Local 605 Electrical Workers, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 21, 1976.

Attorney(s) appearing for the Case

W. B. Duggins, Jr., Vicksburg, Miss., Dixon L. Pyles, Jackson, Miss., for plaintiff-appellant.

Sherwood W. Wise, E. Grady Jolly, Jackson, Miss., for defendants-appellees.

Before BROWN, Chief Judge, GODBOLD and RONEY, Circuit Judges.

Rehearing En Banc Granted April 21, 1976.

GODBOLD, Circuit Judge:

Plaintiff-appellant, an employee of Mississippi Power and Light Company (MPL) was discharged on the ground that he violated company policy by filing a voluntary petition in bankruptcy. He sued MPL seeking reinstatement and damages, alleging that the company's action violated a federally protected right. MPL timely filed a motion to dismiss. Prior to the court's acting on the motion, the plaintiff...

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